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Helen plans to rob a bank - HSC - SSCE Legal Studies - Question 17 - 2002 - Paper 1
Question 17
Helen plans to rob a bank. She needs someone to drive a get-away car. Helen calls Tom and threatens that if he does not drive the car she will stop supplying him wit... show full transcript
Worked Solution & Example Answer:Helen plans to rob a bank - HSC - SSCE Legal Studies - Question 17 - 2002 - Paper 1
Step 1
Explain the difference between summary and indictable offences, illustrating your answer with examples from the above scenario.
Answer
Summary offences are less serious crimes that are usually tried in lower courts and carry lighter penalties. For example, Tom running through two red traffic lights could be considered a summary offence.
Indictable offences are more serious crimes that require a trial by jury and can result in severe penalties. Helen's actions of robbery and killing the security guard fall under indictable offences due to their seriousness.
Step 2
(b) Define the following three elements of a crime and, with reference to the above scenario, provide an example of each element: (i) mens rea;
Answer
Mens rea refers to the mental state or intent of the individual when committing a crime. In this scenario, Helen demonstrates mens rea by planning the robbery and threatening Tom to ensure he is the getaway driver.
Step 3
Step 4
Step 5
(c) If you had to defend Helen and Tom in court, what possible defence(s) to the charge of murder would you use for Helen, and what possible defence(s) would you use for any charges faced by Tom? Justify the use of these defences.
Answer
For Helen, a potential defence could be self-defence if it can be argued that she felt threatened by the security guard who was chasing her. For Tom, the defence might be necessity, claiming he acted under duress because Helen threatened him with loss of illegal supplies if he did not comply.
Step 6
(d) Discuss the purpose and effectiveness of possible punishments the judge could consider before sentencing Helen and Tom.
Answer
The purpose of punishment could include deterrence, rehabilitation, and retribution. Effective sentences might involve prison time for Helen due to the seriousness of her actions, while Tom might receive a lighter sentence if his role was proven to be coerced. Options could include community service or probation for lesser offences, emphasizing the need for rehabilitation.